HIV Haemophilia Litigation

HIV Haemophilia Litigation refers to a series of legal cases and settlements that emerged in the late 20th century, primarily involving individuals with haemophilia who were infected with the Human Immunodeficiency Virus (HIV) through contaminated blood products. This litigation highlighted significant issues in the pharmaceutical industry, blood banking, and healthcare regulations, leading to changes in the production and screening of blood and blood products.

Background

Haemophilia is a genetic disorder that impairs the body's ability to make blood clots, a process needed to stop bleeding. This condition often requires treatment with clotting factor products, which, before the advent of stringent screening and heat-treatment processes, were made from pooled plasma of thousands of donors. In the late 1970s and early 1980s, before HIV was identified and screened for, these blood products were contaminated with HIV, leading to a significant number of haemophilia patients worldwide becoming infected with the virus.

Litigation

The HIV Haemophilia Litigation primarily involved lawsuits filed by or on behalf of individuals with haemophilia who were infected with HIV through the use of contaminated clotting factor concentrates. These legal actions were directed against blood product manufacturers, national blood supply organizations, and in some cases, government bodies. The plaintiffs argued that these entities were negligent in screening blood donations and in failing to implement new blood processing techniques promptly.

Key Legal Battles

The litigation took different forms in various countries, reflecting the local legal systems, healthcare policies, and the structure of the blood and pharmaceutical industries.

• In the United States, a significant portion of the litigation was consolidated into a class-action lawsuit, resulting in a substantial settlement for the affected individuals.
• In the United Kingdom, the government faced criticism for its delay in introducing heat-treated blood products. The litigation and public pressure led to the establishment of the Macfarlane Trust in 1988, which was tasked with providing financial support to those affected.
• Canada's response to the crisis was highlighted by the Krever Inquiry, which led to reforms in the Canadian blood system and compensation for victims.

Impact

The HIV Haemophilia Litigation had a profound impact on the production and regulation of blood and blood products. It accelerated the adoption of heat treatment and other viral inactivation processes in the manufacture of clotting factor concentrates. Additionally, it led to the implementation of more rigorous blood screening processes for HIV and other blood-borne pathogens, significantly reducing the risk of transmission through transfusion and blood products.

The litigation also had a lasting effect on the haemophilia community, raising awareness about the risks associated with blood products and influencing the development of synthetic clotting factors, which do not carry the risk of viral transmission.

See Also

• Blood safety
• Legal aspects of HIV/AIDS
• History of HIV/AIDS